(Download) "In Re Oahuan" by Hawaii Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: In Re Oahuan
- Author : Hawaii Court Of Appeals
- Release Date : January 22, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The appellant entered into a contract for the purchase of a Pontiac automobile from the appellee in May, 1929, for the sum of $935, paying $50 in cash, a note for $66, and turning in an Oakland car of the vintage of 1923 as the first payment. He was allowed $189 for the old Oakland car, although the record shows it was not worth that amount. An additional $42 was paid by the appellant. During the months of June and July there seems to have been considerable trouble with the automobile, and at various times the appellant returned it to the appellees place of business, where the mechanics of the appellee attempted to fix the car, but it was never satisfactory to the appellant. In the latter part of July the appellee met the appellant and told the appellant the mechanics had got the car in good shape. The appellant went to the appellees place of business and secured the car, drove it out to the fair grounds, and then back to the appellees garage, and informed the appellees employee at the garage that the car was still defective, and that he would not accept it, and then handed over the keys. The appellant never took the car out again and made no payments after that time. Thereafter the appellant made several demands for the return of his purchase money, and the appellee refused to return the money, but the appellee did return to the appellant the note of $66 which the appellant had executed to the appellee at the time he purchased the car. This note was returned by mail. The appellee claimed that the appellant voluntarily surrendered the car, and that the appellee did not agree to any rescission of the contract or to a return of the money which the appellant had paid. At the close of the testimony the appellee moved the court to direct a verdict against the appellant and in favor of the appellee on the ground that the evidence affirmatively showed that there was no mutual agreement between the appellant and the appellee for the rescission of the contract. The court sustained the motion for a directed verdict, and judgment was thereon entered against the appellant for the costs; and thus this appeal.
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